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S2049Senate2019-2020 SessionSame asA3643

Report Settlement Deals to State

Official title

“Relates to the disclosure of certain settlements to the civil rights bureau of the attorney general's office”

Sponsor Alessandra BiaggiSD-34+8 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires disclosure of all settlements involving discrimination, sexual harassment, or sexual assault to the Attorney General’s civil rights bureau for pattern investigation.

Why it matters

  1. Creates a confidential reporting requirement for all settlements involving discrimination, sexual harassment, or sexual assault. meaning that even private settlements must be reported to the state, potentially increasing oversight and accountability for organizations or individuals facing repeated allegations.

  2. Empowers the Attorney General’s civil rights bureau to investigate “pattern” offenders. (those with three or more settlements), which could deter repeat misconduct and enable the state to intervene proactively rather than relying solely on individual complaints.

  3. Protects the identities of victims by prohibiting the disclosure of any individually identifiable information about settling plaintiffs. , aiming to encourage reporting and settlements without fear of retaliation or loss of privacy.

  4. Aligns definitions of discrimination, sexual harassment, and sexual assault with state and federal standards. , ensuring that the scope of reporting matches existing legal frameworks and covers a broad range of unlawful behavior.

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Who cares

Headline styles

Report Settlement Deals to State

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Alessandra Biaggi

Senator · Senate District 34

Chair, Ethics And Internal Governance

History

  1. Referred to judiciary
  2. Print number 2049b
  3. Amend and recommit to judiciary
  4. Print number 2049a
  5. Amend and recommit to judiciary
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3643Assembly

Report Settlement Records

In Assembly Committee · Codes · Sponsor Aravella Simotas

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2049--B

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

Introduced by Sens. BIAGGI, GOUNARDES, HOYLMAN, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to the disclosure of certain settlements to the civil rights bureau of the attorney general's office

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil practice law and rules is amended by adding a new section 5003-c to read as follows:

§ 5003-c. Settlements related to discrimination, sexual harassment or sexual assault. 1. All settlements related to allegations of discrimination, sexual harassment or sexual assault shall be disclosed to the civil rights bureau of the attorney general's office for the purposes of identifying evidence of patterns of unlawful discrimination. For the purposes of this section, the following terms shall have the following meanings:

a. "Discrimination" shall mean any discriminatory act prohibited under the civil rights law, the human rights law or applicable federal or local anti-discrimination laws.

b. "Sexual harassment" shall mean unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct on the basis of an individual's gender or perceived gender when submission to or rejection of such conduct, explicitly or implicitly, affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment without regard to actual economic injury to or discharge of the individual.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05664-03-9

S. 2049--B 2

c. "Sexual assault" shall mean unwanted sexual contact.

2. The attorney general's office shall maintain confidential records of all information disclosed under this section and investigate any individual or institution that has entered into three or more settlements related to discrimination, sexual harassment or sexual assault claims.

3. Records shall be safeguarded from coming to the knowledge of and from inspection or examination by any person other than the attorney general or other designated officials in the bureau for the performance of their official duties. Authorized persons shall not divulge information contained therein without the written consent of the attorney general. The authorized disclosure of any such information shall not contain any individually identifiable information for a settling plaintiff.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to the disclosure of certain settlements to the civil rights bureau of the attorney general's office

Purpose

To enable the attorney general's office to track settlements of discrim- ination, harassment, and sexual assault claims to identify and investi- gate repeat offenders.

Summary of specific provisions

Section 1 amends the civil practice law and rules by adding a new section 5003-b to require that all settlements related to allegations of discrimination, harassment, and sexual assault be disclosed to the attorney general's office for the purpose of identifying and investigat- ing patterns of discrimination.

Section 2 provides the effective date.

Justification

The widespread use of confidential settlements has served to conceal evidence of repeated sexual harassment and enable patterns of abuse to continue. This legislation would require all civil settlements related to allegations of discrimination, harassment and sexual assault to be disclosed to the civil rights bureau of the attorney general's office. The information would be maintained confidentially and used to identify persistent or repeated misconduct to investigate. Allowing the attorney general to monitor settlements will strengthen the state's ability to hold serial offenders accountable and protect public safety. This bill would preserve the privacy of individual targets of harassment and while ensuring confidential settlements do not shield predators who pose a continued threat to the public.

Prior legislative history

None.

FISCAL IMPLICATIONS

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.